TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which govern our relationship with you in relation to your use of this website.

For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.benjaminmoore.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website (www.benjaminmoore.com.au).  

These terms and conditions apply to everyone who visits and uses our website or submits content for use on our website. These terms and conditions form an agreement between us.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please refer to the “Last Updated” date at the top of these terms and conditions as published on our website.

TYPOGRAPHICAL ERRORS

In the event that a product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the incorrect price.

TRADEMARKS

All trademarks, logos, service marks and trade names including the triangle “M” symbol used on the www.benjaminmoore.com.au site are trademarks or registered trademarks registered in the United States and various other countries around the world. Benjamin Moore & Co. uses these marks under license in the United States.
All other marks are the property of Benjamin Moore Australia or their respective owner.

LIMITATION OF LIABILITY

To the extent permitted by law, we are not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if we have been advised of the possibility of such damages.

USE OF SITE

The website is for your personal, non-commercial use only.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including our employees, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

You acknowledge and agree that to the maximum extent permitted by law our website and all content published on our website is made available "as is" and we make no warranties or representations about any information or material published on our website and any warranties, representatives or endorsements (express or implied) are excluded from these terms and conditions except to the extent prohibited by law.

You further acknowledge and agree that:

1. We do not accept any liability for delays, interruptions, service failures and other problems relating to the website or any content outside our reasonable control;
2. We implement security measures but cannot guarantee the security of the website;
3. Subject to these terms and conditions, we will use commercially reasonable efforts to make the website available, subject to the need to conduct scheduled and emergency maintenance from time to time. 

We do not warrant that:

1. the website will be constantly available, or available at all; or
2. the information on our website is complete, true, accurate or non-misleading.

PARTICIPATION DISCLAIMER

Benjaminmoore.com.au does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, we reserve the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to us in our sole discretion.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your account.

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, we may link to sites operated by third parties. However, even if the third party is affiliated with us, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of benjaminmoore.com.au. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of the web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).  We disclaim all liability in connection with any third party links.

YOUR PRIVACY

At benjaminmoore.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We handle your personal information in accordance with our Privacy Policy (available at https://www.benjaminmoore.com.au/privacy-policy/). By providing your personal information to us (including through your use of website), you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy. 

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data we collect is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

Benjaminmoore.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use unless we obtain your consent.

DISCLOSE YOUR INFORMATION

Benjaminmoore.com.au may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

COOKIES

A cookie is a piece of information that our web server many send to your machine when you visit our website. The cookie is stored on your machine but does not identify you or give us any information about your machine.
A cookie helps us to recognize you when you re-visit our website and to coordinate your access to different pages on the site. With most internet browsers you can erase cookies from your machine hard drive, block cookies or receive a warning before a cookie is stored. If you want to do this refer to your browser instructions.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of benjaminmoore.com.au. We expressly exclude and do not permit you to use or access our website, to download any documents or information from our website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Benjaminmoore.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

We expressly reserve all copyright and trademark in all content including documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms. Your use of and access to the Website does not grant or transfer any rights, title or interest (including any intellectual property rights) to you in relation to the website or any document, information or material published on our website.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

COMPETITION AND CONSUMER ACT

If you are a consumer for the purposes of the Australian Consumer Law (“ACL”), you have the benefit of the consumer guarantees and other non-excludable rights set out in the ACL. Subject to those consumer guarantees and non-excludable rights, to the extent permitted by law, all representations, warranties and conditions of any kind, implied by statute, general law or custom relating to our goods/services are excluded. To the extent permitted by law, (including the provisions of the ACL), our liability for breach of any consumer guarantees and non-excludable rights is limited at our option to any one or more of the following:

1. in the case of goods - the repair of the goods, the replacement of the goods or the supply of equivalent goods or to the payment of the costs of repair, replacement or supply of equivalent goods; and
2. in the case of advice, recommendations, information or services, by supplying the advice, recommendations, information or services again, or by paying the cost of supplying the advice, recommendations, information services again.

You must be over 18 years of age to use this website and to purchase any goods or services.

TERMINATION

These terms and conditions automatically terminate if, for any reason, we cease to operate the website. If you don’t agree to these terms and conditions then you must cease to use our website.

We may otherwise terminate these terms and conditions immediately, on notice to you, or suspend your use and/or registration of the website if you have breached these terms and conditions in any way. and prevent you from using our website in the future.

Upon termination, you must stop using the website, and we reserve the right to delete your account and all data provided by or about you.

MISCELLANEOUS

Your use of this site shall be governed in all respects by the laws of the state of NSW, Australia, without regard to choice of law provisions.